KASHI NATH ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Vide judgment dated 06.05.2010 we have dismissed the writ petition filed by the petitioner, which was originally filed before the High Court of Judicature at Patna under Article 226/227 of the Constitution of India but which was transferred to this Court under the orders of Hon?ble Supreme Court dated 08.04.2002.

(2.) The said writ petition was filed by the petitioner against the decision dated 28-29.06.1996 of the Standing Committee of the Patna High Court recommending "removal" of the petitioner from the services of the Bihar State Superior Judicial service with immediate effect, as also against notification No.11851 dated 02.11.1996 issued by the State of Bihar after accepting the recommendations of the Standing Committee issued under Rule 3(vii) of the Patna High Court Rules 1916 in accordance with the provisions contained under Article 235 of the Constitution of India.

(3.) The Standing Committee of the Patna High Court, having found the petitioner guilty of various charges for which a full-fledged departmental enquiry was conducted and after the issuance of show cause notice to the petitioner and after taking note of his submissions, took a decision to recommend his removal from service with immediate effect on 28-29.06.1996 and thereafter, the Registrar General communicated this decision to the State Government vide letter dated 02.07.1996 for necessary approval of the Governor of the State. It is not in dispute that on that day i.e. on the day when the decision was taken to remove the petitioner from service, the petitioner was in service.